[00:00:07] >> WELCOME TO THE MONDAY JUNE 1ST, FINANCE UTILITIES AND [Items 1.a - 1.c] RULE COMMITTEE. WE WILL CALL THE MEETING TO ORDER AT 4:30 P.M.PTHE PURPOSE ITEMS ALL RELATED ORDINANCE D-28-23-26. ORDI ORDINANCE 28-24-26 AND A PRESENTATION >> OUR CFO. ZACH JACKSON. >> THANK YOU, COUNSELOR AND MEMBERS OF THE COMMITTEE. YOU'RE EXACTLY RIGHT. THERE ARE THREE ORDINANCES, ACTUALLY TWO AND A RESOLUTION BEFORE THE COMMITTEE TONIGHT THAT ARE ALL RELATED IN ESSENCE, WE'RE ESTABLISHING A NEW FUND, TRANSFERRING DOLLARS FROM THE GENERAL FUND BALANCE OVER TO THERE AND APPROPRIATING IT. SINCE THIS WAS IN YOUR PACKET AT THE LAST COUNCIL MEETING, THERE WAS E-MAIL WITH CONFUSE AS FAR AS WHICH FUNDS WE WERE TALKING ABOUT. THERE ARE THREE FUNDS THAT WE'RE PROPOSING RIGHT NOW. I THOUGHT IT WOULD BE HELPFUL TO DISTINGUISH BETWEEN THE THREE FUNDS IN THE PRESENTATION AND ALSO TALK ABOUT SOME OF THE AMENDMENTS THAT ARE BEING CONTEMPLATED I THINK FOR THE FIRST ONE. SO ESSENTIALLY WE HAVE THREE FUNDS. THAT ARE IN DRAFT FORM RIGHT NOW. THE ONE THAT IS BEFORE THE COMMITTEE IS THE CITY ASSETS AND REPAIRS MAINTENANCE FUND. IT'S THE CITY ASSETS REPAIRS AND MAINTENANCE FUND. THE E-MAIL WE HAVE FROM THE COUNCIL PRESIDENT PROPOSED CHANGING THAT TO THE PUBLIC INFRASTRUCTURE INSURANCE RECOVERY FUND. I WILL COME BACK TO THAT IN A MINUTE. WE ALSO HAVE PROPOSED A CAPITAL PROJECTS FUND AND AS I CIRCULATED LAST YEAR, EIRP IMPLEMENTATION FUND. IN TERMS OF THE CITY ASSETS REPAIRS AND MAINTENANCE FUND, YOU KNOW TALKING ABOUT THE MAYOR AND COUNCIL PRESIDENT, THE INTENT THERE WAS TO BASICALLY AVOID THE SITUATION WE HAD WITH THE STREET DEPARTMENT WHERE THERE WAS DAMAGE FROM A DRIVER. WE WERE NEEDING TO FRONT THE DOLLARS OURSELVES TO DO THE REPAIR BEFORE INSURANCE REIMBURSED US AND THAT CREATED A SITUATION WHERE WE EITHER NEEDED TO COME TO CITY COUNCIL TO GET THAT ALMOST $1.1 MILLION PROMOTED FIRST OR ASK THE STREET DEPARTMENT TO ABSORB THAT WITHIN THEIR CURRENT YEAR APPROPRIATION. THE IDEA HERE IS THAT WE WOULD TAKE THE ALMOST 1.1 MILLION THAT WE GOT FROM THE LAST INSURANCE REIMBURSEMENT. MOVE OVER TO THE NEW FUND SO THE NEXT TIME THERE'S ONE OF THESE EVENTS, WE WOULDN'T NEED TO ASK STREET DEPARTMENT TO ABSORB OR COME TO COUNCIL QUICKLY TO ASK FOR AN APPROPRIATION. THERE WILL BE DOLLARS ALREADY APPROPRIATED THAT WE COULD SPEND AGAINST HAD OF-ON THIS INSURANCE CLAIM AND REIMBURSE WHEN WE GOT THE MONEY BACK FROM THE INSURANCE COMPANIES. I THINK THERE WAS AGREEMENT ON THAT PURPOSE. THE SECOND ONE HERE PROBABLY NEEDS MORE DISCUSSION AND THAT WAS PROVIDING A FUNDING SOURCE FOR UNFORESEEN REPAIRS. SO IN THIS INSTANCE, WE WOULDN'T BE TALKING ABOUT DAMAGE CAUSED DIE A DRIVER BUT OH MAN THOSE CRACKS WEREN'T THERE YESTERDAY AND THIS REPAIR TYPE SITUATION. THERE WAS A PROPOSAL FROM THE COUNCIL PRESIDENT TO CHANGE THE NAME OF THE PUBLIC TO THE PUBLIC INFRASTRUCTURE INSURANCE RECOVERY FUND, AND AS BENJAMIN WILL TALK ABOUT IN A FEW MOMENTS, WE DID PUBLICLY NOTICE THE APPROPRIATION HERE UNDER A DIFFERENT NAME SO JUST NEED TO TALK THROUGH KIND OF WHAT IT MEANS EACH SITUATION WHERE WE GO WITH THE CITY ASSETS REPAIR MAINTENANCE FOUND. THE OTHER CONSIDERATIONS, THE WAY IT WAS DRAFTED IN THE E-MAIL KIND OF IMPLIED THAT MAYBE THE INSURANCE REIMBURSEMENT WOULD ALWAYS BE FOR 100% OF THE PROJECT COST. THAT WAS KIND OF THE CASE WITH THIS, WE SPENT $1,074,000 OF THIS BRIDGE REPAIR AND THAT'S WHAT WE GOT REIMBURSED. THOSE DON'T ALWAYS INCLUDE, WE MIGHT HAVE TO EAT THE DEDUCTIBLE. THEY MIGHT VALUE SOMETHING AND DEDUCT THE APPRECIATED COST BUT THE CURRENT VALUE. I THINK IN THIS SITUATION WITH THE STREET DEPARTMENT WE STILL ABSORBED THE DESIGN COST FOR THE WORK, AND THEN ALSO WHAT WE'RE KIND OF PROPOSING HERE IF THERE WAS WILLINGNESS TO ALLOW US TO [00:05:04] DO OTHER UNFORESEEN REPAIRS, THAT HAVE POPPED UP SINCE THE BUDGET WAS DEVELOPED AND WOULDN'T BE ELIGIBLE FOR INSURANCE REIMBURSEMENT, YOU KNOW, CAN WE PROCEED WITH THOSE WITH ANYTHING OVER, ANY USE OVER 50 K, WE WOULD BE TAKING TO BPW FOR GETTING THEIR APPROVAL ON ANY SUCH CONTRACTS. OBVIOUSLY MORE DISCUSSION THERE. ON THE CAPITAL PROJECTS FUND, THIS IS KIND OF WHERE I THINK THE CHAIR MYSELF AND COUNCIL PRESIDENT INITIALLY WEREN'T ON THE SAME PAGE. I THINK WE ARE NOW. THE IDEA WITH THIS FUND WAS MORE AS WE'RE GOING TO HAVE LARGE PROJECTS THAT WE NEED TO BUDGET FOR THE REPAIR, THE REPLACEMENT, AND LIKE THE EXAMPLE I'M WORKING ON RIGHT NOW, WE KNOW WE NEED TO REPAIR THE HVAC UNIT AT STATION 44. THE ESTIMATES ARE BETWEEN $1 MILLION AND $1.5 MILLION FOR THAT HVAC. RATHER THAN BUDGETING FOR THAT WITHIN THE FIRE DEPARTMENT SO IT GETS BLURRED WITH THERE OTHER OPERATING COSTS, THE IDEA WOULD BE IF A FUND LIKE THIS, EITHER MIDYEAR OR THROUGH THE BUDGET THAT COUNCIL COULD APPROPRIATE DOLLARS FOR APPROVED CAPITAL PROJECTS THAT WOULD BE ON OUR CAPITAL PROJECT ASSET LIST. AND THEN LASTLY, THE THIRD FUND WE HAVE BEEN TALKING ABOUT FOR A WHILE IS THE ERP IMPLEMENTATION FUND. THE IDEA IS TO KEEP THE COSTS SEPARATE FROM THE FINANCE DEPARTMENT OPERATIONAL COSTS, I HAVE INCLUDED LANGUAGE IN THAT, THAT WOULD HAVE LANGUAGE ON DECEMBER 31ST, WOULD COME BACK BEFORE THE GENERAL FUND. I WOULD BE BRINGING A PRESENTATION ON JUNE 15TH. WITH THAT SAID MR. CHAIRMAN, I WOULD LIKE TO GO BACK TO THE CITY ASSETS AND REPAIR MAINTENANCE FUND AND HAVE BENJAMIN TALK ABOUT THAT WITH HOW WE NOTICED THAT. >> YES, SIR, ANY QUESTIONS FOR ZACH BASED ON WHAT HE'S DISCUSSED BEFORE BENJAMIN? FLOOR IS YOURS, SIR. >> BENJAMIN, COUNCIL, THE REAL ONLY ISSUE HERE IS WE'RE CREATING A FUND AND WE NOTICE THAT FUND WITH ONE TITLE. NEVER HEARD IT BEFORE BECAUSE IT'S A NEWLY CREATED FUND. ONLY FOR THAT TITLE TO CHANGE AFTER THE NOTICE HAS BEEN ISSUED, AFTER THE PUBLIC HEARING HAS TAKEN PLACE, WHICH TOOK PLACE AT THE LAST COUNCIL MEETING TO CHANGE THE NAME OF THE FUND TO HAVE AN ORDINANCE CREATING A NEW FUND SO YOU HAVE A NOTICE FOR A FUND THAT DOESN'T EXIST AND NEVER EXISTED WITH THE ORDINANCE CREATING A NEW FUND AND THE APPROPRIATION GOING INTO THAT FUND. THE APPEARANCE OF IT IS VERY MESSY NUMBER ONE. AND IT PROBABLY CARRIES WITH IT VERY SMALL ELEMENT OF RISK TO THE EXTENT THAT SOMEONE WANTED TO CHALLENGE THE PROCEDURES WERE NOT FOLLOWED. SO THE RECOMMENDATION IS EVEN THOUGH CHANGES MAYBE MADE TO THIS FUND AND ALLOCATION WITHIN THIS FUND, THAT THE NAME REMAIN THE SAME. THAT CAN BE CHANGED AT A LATER MEETING. IT'S JUST BECAUSE YOU HAVE THE NOTICE FOR THAT APPROPRIATION AND IT IS A NEWLY CREATED OR NOT EXISTING RIGHT NOW FUND, BUT, TO BE CREATED OUT OF ABUNDANCE OF CAUTION IT WOULD BE TO KEEP THE NAME THE SAME. THE OTHERS ARE FAIR GAME AS LONG AS IT REMAINS IN A SIMILAR FUND AND NOT CHANGING FROM A TO C, BUT KEEPING IN THE SAME VAIN OF WHAT THE PURPOSE OF FUND WAS, THEY'RE OKAY. >> QUESTIONS FOR BENJAMIN? >> SO YOU SAID THE RISK, SO WHAT IS THE RISK WOULD BE SOMEBODY DISPUTES THE FUND WASN'T CREATED PROPERLY? >> IT'S TAXPAYER'S MONEY. IT'S BEING MOVED AND APPROPRIATED. >> AND IF THE PERSON WAS SUCCESSFUL WITH THAT, WHAT WOULD BE, HOW WOULD THAT BE REMEDIED? >> I THINK IT WOULD PROBABLY INVALID AND IT WOULD FUNDS GO BACK. >> WE JUST HAVE TO REDO [00:10:02] EVERYTHING. >> AND HONESTLY, JUST FROM TRANSPARENCY PERSPECTIVE. FOR PROPER RECORDKEEPING HERE, THE RECOMMENDATION WOULD BE TO KEEP THEM THE SAME. IT'S LOW RISK AND AT THE SAME TIME, YOU HAVE A NOTICE THAT WENT OUT AND YOU CHANGE WHAT THAT FUND WAS AFTER THE NOTICE AND AFTER THE PUBLIC HEARING. >> IS THERE A SENSE OF URGENCY? OBVIOUSLY THERE'S TWO WAYS THAT YOU KNOW, IF WE DON'T PROCEED AND TAKE THE RISK, WE EITHER PASS THE FUND AS NAMED AND THEN CHANGE IT YOU KNOW 30 DAYS FROM NOW OR WHATEVER. >> THAT'S -- >> HOW LONG IS THE NOTICE REQUIRED? >> THE OTHER THING IS, SORRY, GO AHEAD. >> THE OTHER THING, THE NAMES ARE VERY SIMILAR. RIGHT. I MEAN AND THE NAME DOESN'T NECESSARILY CHANGE THE FUNCTIONALITY OF THE, YOU COULD CALL THE FUNDS BY NUMBERS VERSUS NAMES. I MEAN, THE NAME DOESN'T NECESSARILY CHANGE ANYTHING. IT'S THE SUBSTANCE OF THE FUND WRITTEN FORTH IN THE ORDINANCE. SO AS A RESULT, WHY CHANGE IT AT ALL IF IT DOESN'T HAVE A FUNCTIONALITY, A STRONG FUNCTIONALITY IN ANY WAY SHAPE OR FORM? AND MY RECOMMENDATION IS TO AVOID ANY LEVEL OF THE RISK. THE ALTERNATIVE IS TO PASS WITH THE NAME AS NOTICED AND IN THE SAME MEETING, IF YOU WISH AFTER THE ORDINANCE HAS BEEN PASSED, ADD ON AN ORDINANCE TO AMEND IT OR GO AHEAD AND DO IT AT THE NEXT MEETING. >> OR THE OTHER CHOICE WOULD BE TO CHANGE THE NAME, RENOTICE THE APPROPRIATION AND RENOTICE >> RIGHT. >> COUNCILOR. >> I GET THE PERCEPTION OF US CHANGING NAME AND ALL THAT. I WANT NO PART OF THAT. YOU KNOW EITHER WE DON'T VOTE ON THIS OR WE VOTE IT AS ADVERTISED. BUT I'M TRYING TO FIGURE OUT, THERE MUST BE MEETINGS I DON'T KNOW ABOUT. WHAT IS THE BIG DEAL WITH THE NAME OTHER THAN I'M READING PRESIDENT SNYDER'S E-MAIL AND IT SEEMS TO BE ABOUT CONTROL OR HOW THE MONEY IS GOING TO BE USED, OR WHAT SAFEGUARDS, HOW WE'RE ACTUALLY PUTTING THIS TOGETHER AND HOW THE MONEY IS GOING TO BE USED. I GUESS I WANT TO HEAR YOU KNOW WHAT SAFEGUARDS ARE THERE? WHAT PARAMETERS? WHAT IS THE MAYOR TELLING YOU HOW THIS SHOULD BE USED? AND THEN I GUESS I WILL WEIGH THAT WITH COUNCIL SNYDER'S CONCERNS. FIRST OF ALL, HAVING THE FUND IS IMPORTANT. NOT ONLY JUST IN THIS PROCESS ISSUE THAT WE RAN INTO, BUT MAINTENANCE IS, I'M WALKING AROUND DOWNTOWN CARMEL AND THERE IS, THERE ARE MAINTENANCE ISSUES WE HAVE TO ADDRESS. SO, HELP ME UNDERSTAND WHO IS NOT COMFORTABLE WITH HOW THIS MONEY IS GOING TO BE USED OR HOW IS IT GOING TO BE USED. THAT KIND OF THING. >> THANK YOU FOR THE QUESTION THERE COUNCILOR. YOU KNOW I THINK THIS STARTED WITH A CONVERSATION BETWEEN THE MAYOR AND COUNCIL PRESIDENT. LARGELY ON THE STREET DEPARTMENT SITUATION AND HOW DO WE PREVENT THAT IN FUTURE FROM BOGGING DOWN STREET DEPARTMENT OPERATIONS. AND THEN KIND OF THE ASSIGNMENT FOR ME WAS TO GO FIGURE OUT THE LANGUAGE. I THINK THEY WERE DETAILS THAT THE TWO OF THEM MAYBE DIDN'T GET ALL THE WAY IN THE WEEDS AND TALK THROUGH THE OTHER POTENTIAL MAINTENANCE ISSUES YOU'RE TALKING ABOUT. THAT WAS WHERE THE MAYOR WAS SEEING, THERE COULD BE SOMETHING -- EXCUSE ME, CAN I INTERRUPT. >> SO, PRESIDENT SNYDER JUST WALKED IN. WILL YOU REPHRASE MY QUESTION AND THAT'S THE QUESTION BECAUSE HE MAY WANT TO WEIGH IN. >> THE CREATION OF THIS ASSET RECOVERY FUND INSURANCE RECOVERY FUND STARTED WITH A CONVERSATION BETWEEN THE COUNCIL PRESIDENT AND THE MAYOR. I THINK THEY WERE PROBABLY SOME LEVEL OF DETAILS THAT MAY BE WEREN'T DISCUSSED THERE AND WHEREVER I TRIED TO PUT PEN TO PAPER, THE MAYOR'S REQUEST IS WE ALSO BE ABLE TO USE THIS FOR REPAIR NEEDS THAT POP UP MID YEAR THAT WEREN'T FORESEEN PRIOR PART OF BUDGET DEVELOPMENT, SOMETHING LIKE THAT. BUT NEEDS POPPED UP. MAYBE IT'S NOT SOMETHING THAT WOULD BE INSURANCE RELATED. IT'S JUST THAT'S BROKEN ALL OF A SUDDEN AND CRACKED. WE NEED TO REPAIR THAT. AGAIN, RATHER THAN A MID-YEAR NEW APPROPRIATION OR ASKING THE STREET DEPARTMENT TO TRY TO FIGURE OUT HOW TO ABSORB IT, [00:15:01] COULD WE USE THIS FUND FOR THOSE PURPOSES AS WELL AS AN ATTEMPT, LET ME BACK UP, AT THE MEETING ON WHAT, OUR LAST COUNCIL MEETING MAY 18TH, WHEN I ORIGINALLY KIND OF SHOWED THIS LANGUAGE, I THINK THERE WAS THE COMMON, I DON'T REMEMBER WHICH, IT MIGHT HAVE BEEN COUNCILOR LOCKE WAS KIND OF SAYING, RIGHT NOW IT LOOKS LIKE AS THE CONTROLLER, SINCE THE CONTROLLER IS RESPONSIBLE FOR THIS FUND, SOUNDS LIKE ZACH YOU HAVE ALL THE CONTROL OVER THIS FUND ABOUT HOW IT WOULD BE USED. WHAT WE TRIED TO DO IS INSERT SOME LANGUAGE THAT WOULD SAY YES IT'S ONLY FOR THE INSURANCE RECOVERY STUFF, BUT ALSO IF THERE ARE OTHER REPAIRS THAT NEED TO BE DONE, NON-INSURANCE REIMBURSABLE, IF THEY'RE OVER $50,000, WE CAN ONLY DO THOSE IF WE TAKE THEM TO BPW FIRST. >> THEN I PROBABLY, THEN I HAVE BEEN, THERE'S TWO SEPARATE ISSUES IN MY MIND. THERE IS WE GET INSURANCE REIMBURSEMENTS BUT WE HAVE TO FUND THE REPAIRS BEFORE WE GET THE INSURANCE REIMBURSEMENT, HOW DO WE HAVE MONEY SET ASIDE TO PAY FOR THOSE REPAIRS BEFORE WE'RE REIMBURSED? AND TO ME, TO ME, THAT'S SEPARATE FROM LONG-TERM CAPITAL ASSET MANAGEMENT AND PLANNING AND FUNDING, RIGHT. SO THAT'S WHY YOU'RE GOING TO SEE, THAT'S WHY THE SEPARATE FUND IS PROPOSED. THAT SHOULD BE FUNDED ANNUALLY OUTSIDE I BELIEVE DEPARTMENT BUDGETS, TRANSPARENTLY AND SHOULD TRACK THE PLANNED EXPENSES EACH YEAR THAT ARE IDENTIFIED IN THE CAPITAL ASSET PLAN BASED ON WHAT MECHANICAL SYSTEMS, WHAT SYSTEMS ARE END OF LIFE AND ARE EXPECTED TO BE REPLACED THAT YEAR, TO ME, THOSE WERE TWO DIFFERENT THINGS THAT GOT COMMINGLED IN A CONVERSATION AND THAT'S WHY THIS IS BEING PRESENTED TODAY. AND MY OPINION ON THIS IS AS FAR AS AS FAR AS THE COMMITTEE IS, I WILL SAY MY OPINION IS THAT WE RENAME THE FUND EXACTLY WHAT TO SAY WHAT IT'S REALLY FOR WHICH IS MORE IN LINE WITH WHAT COUNCILOR SNYDER PROPOSES THE TITLE. RENOTICE THE ITEMS. WE WILL HAVE ALL THREE AT ONCE. THE NOMENCLATURE IS CORRECT AND REALLY DEFINES WHAT THEY'RE BEING USED FOR AND WE DO IT TRANSPARENTLY THAT WAY VERSUS ADDRESS IT -- >> AGREE. BUT I WANT TO CLARIFY, HOW ABOUT ZACH'S SECOND EXAMPLE. SOMETHING BREAKS. WHERE, AND CAN THE MAYOR OR ZACH OR WHOEVER CAN THEY FIX THAT NOW WITH THIS FUND OR NOT? >> AND THE CONTROLS FOR THAT. WHO MAKES THAT CALL? I DON'T WANT THIS TO BECOME A SLUSH FUND. >> I WILL SAY, THE LANGUAGE THAT WE RECEIVED FROM COUNCILOR SNYDER WE PUT THAT IN THE FORMAT OF THE ORDINANCE. THAT DOESN'T CREATE THE EXTRA ABILITY THAT I'M REQUESTING BUT WE HAVE TWO VERSIONS, AS COUNCILOR SNYDER REQUESTED AND ANOTHER VERSION WITH THOSE EDITS THAT I'M MENTIONING. >> SO I'M IN FAVOR OF TABLING THIS OR WHATEVER WE NEED TO DO. >> COUNCILOR. >> COUNCILOR SNYDER. >> THANK YOU MR. CHAIRMAN. THANK YOU FOR THE OPPORTUNITY TO SPEAK ON THESE. TO YOUR POINT, MR. CHAIRMAN, REMEMBER WHEN YOU AND I HAD THE FIRST CONVERSATION ABOUT THIS AND IT WAS LIKE YOU AND I WERE LIKE WHAT ARE YOU TALKING ABOUT. YOU SAID I HAVE A GOOD IDEA BUT WHAT ARE YOU TALKING ABOUT? WE HAVE A SEED AND YOU HAD GONE THE DIRECTION WHERE MY HEAD WAS AT AND YOU TOOK THE DIRECT YOU WERE AT. I WHOLEHEARTEDLY SUPPORT WHAT YOU'RE SAYING. AND THEN THE IMPETUS FOR MY CONCERNS OVER THIS NOT BEING AN INSURANCE-RELATED CASUALTY EVENT IS MY HEART BURN WITH THE AMBULANCE FUND AND I DON'T THINK IT WAS END INTERESTED TO BE. SO I AM APPRECIATIVE OF THE LANGUAGE REWRITE AND SUPPORTIVE OF THE TWO INDEPENDENT FUNDS, YOU MENTIONED THREE FUNDS AND REALLY I WANTED TO COMMENT ON THE THIRD ONE IF THIS IS APPROPRIATE TIME. >> SURE. [00:20:01] >> THIS IS GOING TO BE A LITTLE BIT COUNTER INTUITIVE TO ME TYPICALLY. AND I HAVE MENTIONED THIS TO ZACH. I'M NOT SURE I'M IN FAVOR OF THE THIRD FUND. MY REASON IS, THE ERP IS SUPPOSED TO BE GENERATING EFFICIENCIES IN GOVERNMENT. ONE OF MY FEARS IS, IF WE SET ASIDE A SEPARATE FUND JUST FOR THIS COMPUTER PROGRAM AND ITS OPERATIONS, DOES THAT SET A PRECEDENT WHERE SOMEONE, EVERY TIME A MAYOR WANTS TO DO SOMETHING, OH WELL YOU CAN DO IT, BUT IT HAS TO BE A SEPARATE FUND? THAT'S JUST A CONCERN I HAVE IN GENERAL AS FAR AS EFFICIENCY OF GOVERNMENT. I DO BELIEVE YOU CAN CODE EVERY EXPENSE WITHOUT IT BEING A SEPARATE FUND. IS THAT ACCURATE? >> WE CAN CODE IT. WE DON'T HAVE A GREAT WAY TO TRACK PROJECTS OR PROGRAMS AT THE MOMENT. WE COULD ISOLATE, WE COULD KEEP TABS OF THE COST SEPARATELY EVEN IF THEY'RE IN THE EXISTING APPROPRIATIONS. >> SO I GENERALLY ON THE FIRST TWO FUNDS, I SUPPORT THOSE WHOLEHEARTEDLY AND APPRECIATE IT. I DO THINK THE LONG-TERM CAPITAL ASSET PLAN IS CRITICALLY IMPORTANT. HOWEVER MUCH WE BUDGET FOR IT AND THE BUDGET PROCESS SHOULD BE TIED TO THE PLAN THAT CHAIRMAN AND ZACH AND THE ADMINISTRATION HAVE BEEN WORKING ON. I DO THINK THE INSURANCE FUND SHOULD BE SEEDED WITH THIS RECOVERY OF $1.1 MILLION THEREABOUTS TO HELP MITIGATE HAVING TO STEAL FROM OTHER DEPARTMENTS PRIMARILY STREET DEPARTMENT TO MOVE FORWARD. THAT'S WHERE I WAS COMING FROM IN MY E-MAIL. IT WAS DETAILED BUT I, CHAIRMAN I HADN'T SPOKEN YET. I DIDN'T UNDERSTAND WHERE HE'S COMING FROM AND NOW I DO. I SUPPORT TWO OF THEM BUT NOT SURE I LOVE THE THIRD. >> COUNCILOR MINNAAR. >> YEAH, I AGREE WITH THE DELINEATION OF THE TWO. I'M ON BOARD WITH IT. IT'S IMPORTANT OUR PUBLIC UNDERSTANDS HOW AND THE WHY, WHAT PROBLEM ARE WE SOLVING AND WHY ARE WE DOING THIS? WHICH I THINK THE TWO OF YOU COMING UP WITH THESE PLANS ARE JUST FANTASTIC. AND I AM REALLY LOOKING FORWARD TO HOW WE DECIDE TO FUND THE PROJECTS, IS IT TIED TO THE ASSET REPORT WE GET TO COUNCILOR SNYDER'S REPORTS COMMENTS. I'M CURIOUS TO SEE HOW THIS MORPHS. A PERCENTAGE OF A BUDGET. I KNOW I'M GETTING WAY AHEAD OF MYSELF. I JUST WANT THE PUBLIC TO BE VERY AWARE OF WHAT WE'RE DOING AND THE GUARD RAILS AS WELL. THANK YOU FOR THAT. >> COUNCILOR. I WANT TO GO BACK TO WHAT COUNCILOR WORRELL WAS ASKING. I'M GOOD WITH THE DISCUSSION OF THE THREE FUNDS AND TONIGHT IT'S JUST THAT FIRST FUND. AND I AM COMPLETELY UNDERSTAND AND I AGREE WITH IT BEING USED FOR KIND OF THE INSURANCE PURPOSES. YOU KNOW BUT AGAIN, WHAT ARE THE CONTROLS? WHO IS MAKING THE CALL ON ANYTHING ELSE ABOVE AND BEYOND THAT? THAT'S WHERE I WANT TO UNDERSTAND THE MORE DETAILS. >> SO I THOUGHT A LOT ABOUT THIS. THE INSURANCE RECOVERY FUND THOUGH IT'S NOT REVERTING, SHOULD HAVE CONTROLS BECAUSE OTHERWISE IT WOULD BE DONE THROUGH A SPECIAL APPROPRIATION IN THE GENERAL FUND. SO WE SHOULD HAVE CONTROLS IN PLACE ON HOW THAT IS, HOW THOSE FUNDS ARE USED BECAUSE WITHOUT THE FUND WE WOULD BE APPROVING THROUGH SPECIAL APPROPRIATION. FOR THE CAPITAL ASSET MANAGEMENT FUND THAT'S GOING TO TRACK THE CAPITAL ASSET PLAN. CURRENTLY WE'RE ALREADY APPROVING THOSE IN OUR BUDGET AND NOT APPROVING HOW THEY'RE SPENT. FIRE DEPARTMENT WILL DUMP IN X HUNDREDS OF THOUSANDS OF DOLLARS NOT INFORMED OF ANYTHING. JUST NORMALLY, THERE'S BEEN NO PLAN AROUND THAT IN THEIR BUDGET. OTHER DEPARTMENTS WILL DO THE SAME. AND THEN THEY'RE FUNDING CAPITAL REPAIRS OUT OF THAT, OUT OF THEIR BUDGET THAT WE APPROVE ANNUALLY. IF WE CREATE THIS CAPITAL ASSET FUND AND FUND BASED ON THE PLAN, WE WOULD BE OTHERWISE FUNDING THOSE DOLLARS IN THE GENERAL BUDGET ANYHOW. SO I SEE WE CONTROL THAT FUND BASED ON THE PLAN AND BASED ON THE ANNUAL BUDGETING PROCESS BECAUSE WE WILL BUDGET MONEYS JUST LIKE WE DO FOR THE CERTAINLY TIMES FOR THE RAINY DAY FUND TO GO INTO THIS CAPITAL FUND. [00:25:01] THAT'S HOW THE COUNCIL CONTROLS THAT. WE'RE TRACKING IT BETWEEN PLAN AND SPEND FROM PRIOR YEAR AND WHAT WAS FUNDED PRIOR YEAR. WE HAVE CONTROLS THAT WAY THROUGH THE ANNUAL BUDGETING PROCESS. >> AND I REALLY APPRECIATE THAT. BUT IT WAS MORE ABOUT THE CONTROLS FOR THAT FIRST CITY ASSETS AND REPAIRS AND MAINTENANCE FUND. KIND OF THE CONTROLS OVER THE NON-INSURANCE STUFF. >> THE 25 GRAND. >> WELL, AND SO AGAIN, THE FORMAT I HAVE ON THE SCREEN RIGHT NOW IS ESSENTIALLY, IT TAKES THE ORIGINAL VERSION THAT I -- IT WAS UP THERE. KEEPS DISAPPEARING. TRY TO TALK AT THE SAME TIME. SO THIS IS THE ORIGINAL FUND THAT I DRAFTED AND THEN TAKEN THE LANGUAGE FROM COUNCILOR SNYDER, USE THAT TO MODIFY THIS. IT DOES NOT DO ANYTHING ABOUT THAT $50,000 THRESHOLD FOR OTHER REPAIRS. THIS IS EXACTLY THE WAY COUNCILOR SNYDER REQUESTED WITH THE EXCEPTION OF IT KEEPS THE ORIGINAL NAME SO AS TO AVOID ANY CONFUSION ABOUT DID WE PUBLICLY NOTICE FOR A DIFFERENT FUND? RIGHT NOW AS THIS STANDS WITH THE OTHER TWO ORDINANCES, THEY TRANSFER OR THE RESOLUTION TRANSFERS OVER THE MILLION AND CHANGE, GOING FORWARD, JUST TO BE CLEAR, STATE LAW ALREADY GIVES ME THE AUTHORITY TO APPROPRIATE INSURANCE REIMBURSEMENTS AS THEY COME IN. I WILL BE ABLE TO AUTOMATICALLY AS DOLLARS COME THROUGH REIMBURSEMENT WILL BE AUTOMATICALLY APPROPRIATED. IN TURNS OF THE CONTROLS ON THE SPENDING, RIGHT NOW AS IT STANDS, I THINK THIS IS EXACTLY THE WAY COUNCILOR SNYDER INTENDED IT FOR CONTROL BY COUNCIL. I WOULD SAY IN KIND OF SECTION F WE MIGHT NEED TO TALK ABOUT, WE THINK MORE TIMES THAN NOT THE COST OF REPAIRING A DAMAGED ASSET IS ACTUALLY MORE THAN THE INSURANCE REIMBURSEMENT. JUST WANT TO TALK THAT THROUGH. THERE'S AN IMPLICATION I THINK HERE THAT NORMALLY WHATEVER WE TURN IN IS EQUAL TO WHAT WE GET BACK. >> COUNCILOR SNYDER. >> THANK YOU. SO, I DON'T DISAGREE THAT THE INSURANCE IS SOMETIMES DOESN'T COVER THE WHOLE PROJECT AND SOMETIMES THE PROJECT WILL INCLUDE REPAIRS OUTSIDE OF DAMAGE BECAUSE IT MAKES SENSE TO -- >> WHILE YOU'RE THERE. >> TO DO IT. I THINK MY INTENT WAS YOU COULD USE THIS FUND FOR THOSE REPAIRS SINGLY TIED TO THIS AND I THINK INITIALLY, I THOUGHT WITH COUNCIL APPROVAL. IF IT NEEDS TO BE A PERCENTAGE TO MAKE IT MORE STREAMLINED, I DON'T HAVE ANY ADVERSION TO THAT. MY CONCERN WAS THERE WAS GOING TO BE THINGS AROUND THE CITY THIS NEEDS FIXED. LET'S USE THIS FUND. THAT WAS MY CONCERN. WE NEED TO RE PAINT A STATUE OR I DON'T KNOW. I REALLY WANTED THIS TO BE FOCUSSED ON EVENTS WE WERE NOT PLANNING FOR AT ALL. I FEEL LIKE SOME OF THE REPAIRS AROUND THE CITY SHOULD BE PLANNED FOR BASED ON AGE AND WHAT NOT. I DO HAVE A QUESTION FOR YOU, RICH. I THINK WITH THE LONG-TERM ASSET MANAGEMENT LIKE IT'S REALLY, REALLY IMPORTANT. IN FACT I THINK FOR THE LONGEVITY OF THE CITY MIGHT BE ONE OF MOST IMPORTANT THINGS WE DO. HOW CAN WE WRITE THIS IN A WAY SO THAT FUTURE COUNCILS EVEN TWO YEARS FROM NOW, SAY WE'RE ALL GONE, THAT PLAN IS THERE A WAY TO WRITE IN THE ORDINANCE THE PLAN IS UPDATED ON A REGULAR BASIS IT MUST BE FUNDED? I DON'T WANT TO DO THIS AND HAVE IT UNDONE. HOW DO WE PROTECT IT? >> A GOOD PLAN LIKE THAT, IT'S A LIVING DOCUMENT. DID YOU GUYS END UP ACQUIRING ASSET MANAGEMENT SOFTWARE SYSTEM OR STILL LOOKING AT THAT? LIKE PARKS? >> I'M NOT SURE WE'RE GOING DOWN THE ROUTE OF A SYSTEM BUT A [00:30:05] DASHBOARD AND IT'S NEARLY DONE. >> SO IN THE -- SO ROOF REPLACEMENT OF CITY HALL IS DONE, THEN IN THE PLAN THAT THEN PUSHES THAT NEXT EXPECTED EXPENSE WITH, A GOOD DASHBOARD SHOULD SAY, OKAY, LET'S NOW REMOVE FROM THE PLAN. IT'S FUNDED AND PUSHES THAT EXPENSE OUT FOR USEFUL LIFE OF THE ROOF AND PUTS IN AN ESTIMATED BUDGET NUMBER BASED ON TODAY'S COST PLUS ESCALATION NUMBERS USUALLY VERY CONSERVATIVE. THEY DO IT LIKE MICHAEL DOES IT. SO YOU WILL KNOW THEN THAT YOU WON'T INCUR ANOTHER RELATED EXPENSE TO CITY HALL ROOF UNTIL YEAR 2053 OR WHATEVER IT ENDS UP BEING. AND SO, I DON'T KNOW HOW YOU CAN ADDRESS THAT SPECIFICALLY IN THE ORDINANCE VERBIAGE. MAYBE BENJAMIN HAS IDEAS. WE CAN TALK THROUGH THAT. THE GOOD THING ABOUT THAT CAPITAL ASSET MANAGEMENT PLAN. LET'S SAY STAFF CAME TO US, THE ADMINISTRATION CAME TO US AND SAID WE EXPECT BASED ON OUR PLAN $1.5 MILLION TO BE SPENT NEXT YEAR ON REPAIRS. AND COME TO FIND OUT IN THAT PLAN, THEY, THE MECHANICAL SYSTEM AT 44 DIDN'T GO BAD THIS YEAR LIKE EXPECTED AND WOULDN'T UNTIL NEXT YEAR. YOU WILL THEN KNOW YOU FUNDED THAT IN THE PREVIOUS YEAR BASED ON THE PLAN SO YOU WOULD KNOW THAT IN THE NEXT BUDGET YEAR EXCESS DOLLARS LIKE YOU WOULD APPROPRIATE FOR THE RAINY DAY FUND, YOU WOULD NOT NEED TO APPROPRIATE THOSE DOLLARS FOR THAT FOLLOWING YEAR. BUT, HOW TO MEMORIALIZE THAT TO ATTRACT THE PLAN, WE COULD PUT IN THERE, PROBABLY PUT IN LANGUAGE THAT THE APPROPRIATIONS NEED TO MIRROR THE PLAN EXPENSES IN THE CAPITAL ASSET PLAN MAYBE AND -- I HAD ANOTHER THOUGHT AND IT JUST ESCAPED ME. TRACK THE -- THAT TRACKS THE PLAN. AND YOU COULD STATE IN THE ORDINANCE THAT THE PLAN NEEDS TO BE UPDATED LIKE EVERY A NEW ASSESSMENT NEEDS TO BE DONE EVERY FIVE YEARS OR SOMETHING LIKE THAT. >> DOES IT PAY OUT OF THAT FUND? >> YEAH. AND THEN, IF YOU COULD HELP EDUCATE ME BECAUSE AS I HAVE READ DRAFT PLANS OF OTHER COMMUNITIES, THEY CAN BE VOLATILE. I MEAN, SO, HOW -- WHAT HAPPENS WHEN WE GET OUR PLAN BACK AND IT JUST NEEDS WAY MORE MONEY THAN WE'RE ABLE TO APPROPRIATE IN THIS BUDGET CYCLE, HOW DO YOU DO THAT? HOW DO YOU MANAGE THAT? IS IT MORE OVER THE NEXT YEARS? >> YOU PRIORITIZE IT. AT SOME YEARS YOU MAY HAVE REPAIRS YOU CANNOT FUND OUT YOUR ANNUAL REVENUES AND LOOK AT FINANCING COMPONENTS OF THE PROJECT IN FUTURE YEARS. >> AND CAN THIS FUND EVER BE USED TO PAY DEBT SERVICE THIS IS ALL GETTING TO THAT. A CONCERN WOULD BE THIS FUND ALL OF A SUDDEN GETTING GOBBLED UP AND 90% IS GOING TO DEBT SERVICE AND NO LONGER -- >> I DON'T THINK YOU -- I DON'T THINK -- I MEAN IF WE ISSUED DEBT, IT WOULD HAVE A TAX LEVY AND THAT WOULD FLOW INTO THE GENERAL FUND AND THAT'S WHERE THE DEBIT SERVICE IS PAID. >> IF WE WERE USING A PROPERTY TAX BACK WE WOULD HAVE TO PUT IN HAD THE FUND FOR THAT PURPOSE. I DON'T KNOW, SINCE IT'S NOT ITS OWN REVENUE SOURCE, I DON'T KNOW IT MAKES SENSE TO MAKE DEBT SERVICE PAYMENTS OUT OF THIS. NOT IT COULDN'T BE DONE BUT I DON'T THINK IT'S PRACTICAL. >> I HAVE A FUNDAMENTAL CONCERN WITH THAT AS WELL. IF THERE'S LANGUAGE, IF WE COULD ADD TO THAT, THAT WOULD BE GOOD. >> WE'RE JUST TALKING ABOUT THE MAINTENANCE. THIS IS SOME DAY. SORRY. YEAH. TALKING ABOUT SOMETHING NOT ON THE AGENDA. CORRECT. >> I JUST WANT TO BE CLEAR. >> SORRY TONY. NO. BUT, I MEAN IT'S ALL RELATED AND HE DID PRESENT IT. [00:35:01] SO MY INTENTION IS, MY RECOMMENDATION WOULD BE, IS THAT WE NAME THIS ONE THAT IS ON OUR AGENDA TODAY, ORDINANCE D-28-23-IS THAT THE APPROPRIATION? THE CREATION OF FUND. 24. 2024-26. WE NAME THAT FUND MORE IN LINE OF WHAT IT'S FOR, WHICH IS THE NAME PRESIDENT SNYDER RECOMMENDED. WE PROPERLY NOTICE EVERYTHING THAT'S VERY CLEAR. WE HAVE THE OTHER TWO FUNDS THAT WILL BE ON OUR AGENDA THIS EVENING. DID THEY -- YEAH. NO, NOT YET. SO WE'LL HAVE THIS OTHER TWO FUNDS THAT WILL BE PRESENTED AT THE NEXT COUNCIL MEETING. WE ADDRESS ALL THESE, WE ADDRESS ALL THESE AT ONCE AFTER THEY ALL HAVE BEEN PROPERLY NAMED. WE HAVE BEEN ABLE TO SEE ALL THE RED LINES AND EVERYTHING BEFORE WE ACT ON ANY OF THESE. WE JUST HOLD THIS IN COMMITTEE UNTIL THE OTHER FUND HAS BEEN, THE OTHER FUND CAPITAL ASSET MANAGEMENT FUND, THE TRUE CAPITAL ASSET FUND HAS BEEN PRESENTED TO US AND MOVE FORWARD WITH ALL OF THEM ONCE WE HAVE A BIG PICTURE THE WAY WE NEED IT. >> MR. CHAIRMAN, WOULD IT BE EASIER FOR THIS COMMITTEE, IF WHEN WE GOT TO THIS FUND ON THE COUNCIL AGENDA TONIGHT, AND FOR GIVE ME, THE RULES, YOU MAY HAVE TO CORRECT ME ON. CAN WE ADD ON THE OTHER TWO SO THEY CAN ALL GO TO COMMITTEE AT ONCE SO THERE'S NOT A LAG SINCE THEY ARE ALL -- CAN YOU JUST TALK TO THEM? >> AREN'T THE OTHER FUNDS -- >> NO. THEY'RE NOT. I DIDN'T KNOW IF WE COULD DO AN ADD ON. >> YOU DIDN'T NOTICE THEM. LIKE LAND USE THOUGH, WE CAN START DISCUSSING, YOU GUYS HAVE DISCUSSED ORDINANCES THAT HAVE BEEN ORIGINATED AT A COMMITTEE BEFORE THEY CAME TO COUNCIL. WE CAN START WORKING ON THAT AND THE TIME FOR THE OTHER ORDINANCES TO BE PROPERLY NOTICED AND ON OUR NEXT COUNCIL. >> CAN YOU SPEAK THAT TO ON COMMITTEE REPORT SNS >> THANK YOU SIR. I WILL JUST ADD, IT'S 14 DAYS PUBLIC NOTICE HAS BEEN APPROPRIATED. NOW IS THE DEADLINE IN TERMS OF THAT PUBLIC NOTICE. I DON'T KNOW IF WE CAN PUBLICLY NOTICE THAT TODAY UNDER THE NEW NAME. WE MAY NOT HAVE EVERYTHING READY TO GO BY THAT MEETING ON JUNE 15TH. >> WE JUST NEED TO DO IT RIGHT AND THERE'S NO URGENCY IN THE USE OF THESE FUNDS. THEY'RE NOT GOING BACK TO THE STREET DEPARTMENT AS PROPOSED NW. UNLESS ANY OTHER COUNCILMEMBER HAS AN URGENT NEED OR STAFF HAS AN URGENT NEED. I DON'T KNOW WHY WE NEED TO RUSH IT. >> WE'LL SEE IF WE'RE READY FOR JUNE 15TH, IT NOT, IT WILL BE THE NEXT MEETING AFTER THAT. >> BENJAMIN. >> IF I MAY FROM A PROCEDURAL PERSPECTIVE HERE. THE FUNDS THEMSELVES DON'T NEED TO BE NOTICED. THE CREATION OF THE FUND. IT'S THE APPROPRIATION THAT NEEDS TO BE NOTICED FOR IT. THE ISSUE HERE IS YOU'RE NOTICING AN APPROPRIATION FOR A FUND THAT DOESN'T YET EXIST AND THEN CHANGING ITS NAME. YOU WOULD BE CHANGING THE NAME NOT ONLY IN THE ORDINANCE BUT IN THE NAME OF THE RESOLUTION TRANSFERRING. YOU WOULD BE CHANGING THE NOTICE IN THE APPROPRIATION THAT THEN SENDS THE MONEY INTO THE BUDGET LINE ITEM. SO IT JUST BECOMES VERY MESSY, BUT I WILL TELL YOU PROCEDURALLY, IT MAKES SENSE TO CREATE THE FUND BEFORE YOU DO ANY OF THAT. PROCEDURALLY IT MAKES SENSE. THERE'S NOTHING STOPPING THIS COMMITTEE FROM HASHING OUT THE DETAILS ON THIS FUND THAT IS CURRENTLY, WHICH IS THE CREATION ORDINANCE THIS EVENING TODAY AND CREATING THE FUND UNDER THE NAME YOU WANT IT TO BE THIS EVENING AND WITH THE TERMS THAT YOU WANT THAT FUND TO HAVE THIS EVENING. THAT FUND COMES INTO EXISTENCE. IT DOESN'T HAVE MONEY OR ANYTHING INSIDE IT. YOU COULD POTENTIALLY AT THE SAME TIME, DO THE TRANSFER. WE WOULD HAVE TO AMEND THE TRANSFER SIDE OF THINGS THAT'S OKAY BECAUSE WE'RE NOT APPROPRIATING. THAT IS WHEN YOU SEND THAT MONEY FROM THE FUND TO THE BUDGET LINE ITEM TO BE SPENT. THERE CAN BE ITEMS TO PROPERLY ADDRESS IF YOU CHOSE TO TONIGHT. YOU CAN ALSO HASH OUT WHATEVER YOU WANT IN THE NEXT COUNCIL SESSION OF WHAT THE FUNDS SHOULD BE. WHAT THEIR NAME SHOULD BE. WHAT THEIR PURPOSE SHOULD BE. EVEN IF WE MISS THE NOTICE FOR THE APPROPRIATION. YOU HAVE THEN SUCCESSFULLY CREATED THE THREE FUNDS, WHICH [00:40:01] IN AND OF ITSELF IS PROBABLY THE MOST PROCEDURAL WAY TO DO IT. WE'RE HAVING A PUBLIC HEARING WHICH IS WHY WE HAVE THE UNUSUAL STEP OF HAVING A PUBLIC HEARING ON AN APPROPRIATION AND MOVING INTO THE NEW BUSINESS WHERE WE CREATE THE FUND. TRANSFER THE MONEY AND APPROPRIATE IT. THERE'S NOTHING STOPPING ON THAT. >> SO THAT'S, WE COULD AMEND THIS ORDINANCE THIS EVENING TO CHANGE THE NAME OF THE FUND. WE'RE TALKING ABOUT THE CREATION OF THE FUND ORDINANCE AND THEN REVIEW AND RECOMMEND ANY CHANGES TO THE LANGUAGE OF THE ORDINANCE ITSELF TO ADDRESS THE CONCERNS THAT WE PREVIOUSLY DISCUSSED. AND THEN BRING THE JUST THE ORDINANCE FOR THE CREATION OF THE FUND BACK THIS EVENING. >> YOU COULD BRING IT BACK. IT'S IMPORTANT THAT WE ALL GO THROUGH THE AMENDED LANGUAGE AND THAT ZACH USED FROM PRESIDENT SNYDER'S E-MAIL TO MAKE THE CHANGES TO THE ORDINANCE. SO, LET'S GO THROUGH THAT IN DETAIL SO WE'RE ALL ON THE SAME PAGE THERE. >> SO AGAIN THE RED HERE IS WHAT I PREVIOUSLY DRAFTED IN THE GREEN IS THE NEW LANGUAGE BEING ADDED HERE. SO WE HAVE SECTION 2-128. THE NONREVERTING CITY ASSETS REPAIRS AND MAINTENANCE FUND NUMBER 927. THE NONREVERTING ASSETS FUND 927 IS ESTABLISHED. ANY INSURANCE PROCEEDS, SETTLEMENTS AND REIMBURSEMENTS OR OTHER AMOUNTS REFERRED BY THE CITY IN CONNECTION TO CITY-ONLIED PUBLIC INFRASTRUCTURE SHALL BE DEPOSITED INTO THE ASSETS REPAIRS AND MAINTENANCE FUND. THE FUNDS CONTAINED IN THE ASSETS AND REPAIRS FUND SHOULD BE DEPOSITED FROM ALL LAW AND SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF PAYING COST INCURRED BY THE CITY TO REPAIR, RESTORE, REPLACE, REMEDIATE, SECURE OR OTHERWISE RESPOND TO DAMAGE TO CITY-OWNED PUBLIC INFRASTRUCTURE ASSETS FOR WHICH THE CITY SUBMITTED A CLAIM FOR REIMBURSEMENT. PRIOR TO THE EXPENDITURE FROM THE FUND FOR A PARTICULAR CASUALTY EVENT, THE CITY SHALL PREPARE THE STATEMENT, ESTIMATE OR OTHER DOCUMENTATION SETTING FORTH THE ANTICIPATED COST OF REPAIR RESTORATION, REPLACEMENT, REMEDIATION, OR RELATED WORK ASSOCIATED WITH THE SUCH CASUALTY EVENTS. D SAYS THAT THE FUNDS CONTAINED IN THE CITY ASSET REPAIRS AND MAINTENANCE FUND SHALL BE ACCOUNTED FOR AND MAINTAINED SEPARATE FROM ALL OTHER CITY FOLLOW UPPEDS. E READS, THE CITY ASSETS AND REPAIR FUND MAINTAINED BY THE CITY CONTROLLER AND THE REPAIRS RELATED TO A PARTICULAR CASUALTY EVENT SHALL NOT EXCEED THE AMOUNT SET FORTH IN THE STATEMENT, THE ESTIMATE OR DOCUMENTATION SUBMITTED UNLESS ADDITIONAL EXPENDITURES ARE APPROVED BY THE COMMON COUNCIL IN ACCORDANCE WITH APPLICABLE LAW AND ON THE NEXT PAGE, PUBLIC INFRASTRUCTURE ASSETS IS DEFINED FOR THE PURPOSE OF THE SECTION MEANS FIXED CAPITAL ASSETED OWNED BY THE CITY AND USED FOR GOVERNMENTAL OR PUBLIC PURPOSES INCLUDING WITHOUT LIMIT EGG, STREETS, ROADS, BRIDGES, SIDEWALKS, TRAILS. DRAINAGE SYSTEM, STORMWATER FACILITIES. SANITATION. NON-TEMPORARY ART INSTALLATIONS. STREET LIGHTING AND PARKS AND INFRASTRUCTURE AND PUBLIC BUILDINGS AND OTHER SIMILAR PERMANENT IMPROVEMENTS TO REAL PROPERTY EXCLUDING VEHICLES, INVENTORY SUPPLIES AND OTHER PERSONAL PROPERTY. >> PRESIDENT SNYDER. >> I'M SORRY. BUT THIS SPUN UP A MEMORY. I NEED A LAWYER TO OBVIOUSLY REVIEW THIS, WHICH BENJAMIN HAS, FOR THE PURPOSES OF THE COMMENT I'M ABOUT TO MAKE. MAYBE YOU CAN HELP ME UNDERSTAND WHAT I INTENDED AND DID NOT -- INTENTIONALLY CHOSE THE WORD RESPOND IN SECTION C. AND WHEN YOU, THE WORD RESPOND IN MY HEAD, I WAS THINKING, EMERGENCY MANAGEMENT. TORNADO. THAT'S WHERE LIKE, COULD THIS BE A BACK STOP? I THINK IT WAS A TRAIN OF THOUGHT TO PUT THAT IN THERE AND I WAS GOING TO COME BACK TO IT [00:45:01] AND NEVER CAME BACK TO IT. I DON'T KNOW IF RESPOND IS APPROPRIATE UNLESS WE WANT IT TO BE. THE FINAL SECTION, THE FINAL PAGE, I DON'T KNOW IF IT'S WORTH LISTING THAT OUT. I WAS JUST TRYING TO COME WITH ALL THE THINGS THAT WERE CITY AND I DON'T WANT TO MISS ANYTHING. MY TWO THINGS FROM WHEN THIS WAS WRITTEN SEVERAL WEEKS AGO TO TODAY IS THE WORD RESPOND. I PUT IN THINKING AT THE TIME. RESPOND TO EMERGENCIES. THAT WE COULDN'T KNOW WHAT THE INSURANCE CLAIMS WERE GOING TO BE BECAUSE YOU CAN'T MOVE FAST ENOUGH. WE KNOW THERE'S A CRISIS. PERHAPS THAT'S TIED TO A STATE OF EMERGENCY DECLARED BY THE MAYOR. THAT'S WHERE MY HEAD WAS. IT DOESN'T HAVE TO BE IN THERE AND I DON'T KNOW ABOUT LISTING EVERY SINGLE THING. I WANTED YOU TO KNOW WHERE MY HEAD WAS ON THIS. >> THE WORD RESPOND IS BROADER. I MEAN THE WORD RESPOND MAYBE YOU RELATE TO COST. BUT YOU DO HAVE EXCLUSIVELY FOR THE PURPOSE OF PAYS FOR COSTING TO SECURE, REPAIR, OR OTHERWISE RESPOND TO. I THINK IT'S FINE. BECAUSE YOU GOT IT FOR THE PURPOSES OF PAYING FOR COSTS PRIOR. IT'S JUST HOW THEY RESPOND TO THAT. I DO WANT TO, I WILL ADDRESS YOUR SECOND POINT. GO AHEAD. >> COULD THIS COMMITTEE DISCUSS WHETHER A MAYORAL DECLARATION OF EMERGENCY WOULD, COULD FRONT END, WE'RE NEVER GOING TO BE ABLE TO SUBMIT ESTIMATES IN A TORNADO IN TIME WE NEED THE MONEY TO FIX THINGS. WOULD THAT BE AN EXCEPTION? IF THAT'S SOMETHING YOU CAN DISCUSS. I THINK THIS IS GOOD. I DON'T KNOW WHEN YOU WANT TO GET THIS DEEP IN THE WEEDS. WE TALKED ABOUT EMERGENCY MANAGEMENT FUND. I DON'T THINK THAT'S IN THE CARDS FOR A WHILE. JUST WANT THAT THOUGHT ABOUT IF YOU WOULD INDULGE ME ON THAT IN YOU'RE FUTURE MEETINGS. >> DISCUSSION. >> I'M TRYING TO THINK YOU KNOW UNDER INDIANA STATE LAW ALLOWS YOU UNDER INDIANA STATE LAW RELATED TO PROCUREMENT, RELATED TO SOME KIND OF EMERGENCY. YOU'RE ABLE TO ACQUIRE THINGS AND FORGO PROCUREMENT RULES. WHAT TYPE OF LANGUAGE, BENJAMIN WOULD YOU RECOMMEND TO THE COMMITTEE? >> SO, AT THE MOMENT, YOU HAVE IT BASED UPON DOCUMENTATION BEING SUBMITTED TO THE INSURANCE CARRIER. THEY CAN WITHDRAW FROM THE FUND TO THE EXTENT THAT THE INSURANCE HAS BEEN SENT TO THE CARRIER. POTENTIALLY, YOU COULD PROVIDE A TIME LIMIT, WITHDRAW FROM THE FUNDS SO LONG AS THEY ARE SUBMITTED FROM THE CARRIER WITH A TIME LIMIT. IN AN EMERGENCY, YOU CAN WITHDRAW AND A CLAIM WILL BE SUBMITTED AT A LATER POINT. >> OTHERWISE WE'RE TRYING TO CREATE A DEFINITION WITHIN THE ORDINANCE FOR AN EMERGENCY? DO WE HAVE CURRENTLY IN OUR CODE WHAT DEFINES AN EMERGENCY BASED ON INDIANA LAW FOR PROCUREMENT? >> YEAH, THE DECLARATION SET FORTH. THERE ARE MULTIPLES BUT -- >> THAT'S WHERE THE MAYOR WOULD HAVE TO DECLARE A STATE OF EMERGENCY. >> AND IT'S UNDER STATUTE ALREADY. I RATHER, TO THE EXTENT OF WHAT YOU'RE WANTING TO DO HERE IS TO MAKE SURE THAT YOUR, IF WE CAN TAKE THE BRIDGES AS AN EXAMPLE. THE BRIDGE WAS HIT. IT IS NOT SOMETHING THAT WAS INSURED. IT'S SOMETHING THAT WE SUBMITTED A CLAIM TO THE DRIVER'S INSURANCE WHICH IS WHY IT TOOK A LONGER PERIOD OF TIME WITH THEIR DELAY. WHEN WE REVIEWED IT, THE CITY DETERMINED THAT ACTUALLY THERE'S COST BEYOND THE SCOPE OF THE REPAIR OF THE BRIDGE THAT WE WANTED TO IMPROVE THE BRIDGE. THAT WENT BEYOND THAT. SO IN THIS PARTICULAR FUND HERE, IT APPEARS TO ME, YOU WOULD BE SEEKING TO LIMIT THE MONEY TO BE ABLE TO COME FROM THIS FUND TO ONLY THAT WHICH WOULD REPAIR THE BRIDGE TO ITS FORMER AS IT EXISTED PRIOR. NOT NECESSARILY TO IMPROVE IT AT THE THOUSANDS IT WOULD COST TO MAKE IT INTO SOMETHING BEYOND WHAT IT WAS WHEN IT WAS HIT. THAT APPEARS. [00:50:01] THAT'S WHAT WOULD BE SUBMITTED TO INSURANCE. WE DID NOT SUBMIT IMPROVEMENTS TO EXPERIENCE. ANYTHING ON TOP THEY WOULD HAVE DENIED ANYTHING. I FEEL LIKE THAT'S WHERE THIS DRAFT IS. IT HAS, SO TO THE EXTENT YOU'RE LIMITED TO WHAT IS SUBMITTED TO EXPERIENCE AND WANT TO ALLOW FLEXIBILITY FOR AN EMERGENCY SITUATION, I WOULD PROBABLY PUT IN THERE TO BE SUBMITTED TO INSURANCE WITHIN 15 DAYS AND THAT WAY, YOU HAVE YOUR INVOICES. YOU HAVE THE THINGS THAT NEED TO GO AND IT WOULD NEED TO BE SUBMITTED. YOU WOULD HAVE THAT LEVEL OF FLEXIBILITY. >> OUR TEAM HAS THE ABILITY TO PUT TOGETHER AN INSURANCE CLAIM WITHIN 15 DAYS. >> THIS IS A MATTER OF SUBMITTING INVOICES TO INSURANCE. WHICH YOU WOULD NEED THE INVOICES TO ENGAGE IN THE CONTRACT AS WELL TO WHAT WORK IS GOING TO BE DONE. YOU COULD GIVE IT 30 DAYS. ULTI ULTIMATELY, YOU HAVE IT SUBMITTED TO INSURANCE AT SOME POINT IN TIME. WHAT TYPICALLY WILL HAPPEN, WE WILL SUBMIT TO OUR INSURANCE. OUR INSURANCE WILL DO A REVIEW AND TELL US REQUEST IT'S COVERED. IF IT'S NOT COVERED, THEY WILL ASSIST US TO THE EXTERNAL INSURANCE TO THE EXTENT IT'S THERE. THE OTHER ASPECT IT'S SOMETHING WHERE WE HAVE A FOUNTAIN AND THE FOUNTAIN HAS BEEN HIT AND IT'S BEEN HIT BY A DRUNK DRIVER WHO DOESN'T HAVE INSURANCE OR HIT AND RUN AND WE DON'T KNOW WHO THEY ARE. OUR INSURANCE DOESN'T COVER IT. WE ARE AT $100,000 TO REPAIR AND SUBMITTED TO OUR INSURANCE. THEY'RE NOT GOING TO REIMBURSE US. THE DIFFICULTY THE STREET DEPARTMENT AND THE AMOUNT OF BRIDGE WHICH IS A UNIQUE SITUATION HAS THAT MILLION DOLLAR WHICH IS THE ABILITY TO DRAW FROM THOSE TYPES OF SITUATIONS IN THE FUTURE. WE DO COLLECT ON SMALLER SUMS AS WELL. THE MAJORITY OF THIS IS GOING TO BE WORK FROM WITHIN THE LAW DEPARTMENT WHERE SOMEONE HAS STRUCK A CURB, SOUND ROUNDABOUT AND HAVE INSURANCE AND IF THEY DON'T PAY, WE TAKE THEM TO COURT AND SEEK REIMBURSEMENT FOR THE DAMAGES INCURRED THERE. I COULD BE COMFORTABLE WITH HAVING THAT EXTENSION OF TIME BY WHICH TO SUBMIT IT TO. >> I GUESS, I DIDN'T -- IN NO UNIVERSE DID I THINK THESE ESTIMATES WERE GOING TO BE OVERLY ACCURATE. IT'S JUST NOT A POSSIBILITY. IF SOMEBODY HITS A ROUNDABOUT, OUR CITY ENGINEER CAN LOOK AT THAT AND SEE WHAT THE LINEAR FOOT OF BRICK OR BY UNIT PRICING, PUT TOGETHER A PROBABLE COST AND PUT TOGETHER RATHER QUICKLY IN A DAY. I SIGN A LOT OF PROBABLE OPINION OF COST. I'M NOT HELD OR BOUND TO THEM. THEY ARE AN OPINION. I THINK THAT'S WHAT I WAS -- I DIDN'T WANT TO DELAY REPAIRS OR DIDN'T THINK THERE SHOULD BE ANY LANGUAGE THAT WOULD DELAY BEYOND ANY SORT OF, I WANTED EVIDENCE THERE'S SOMETHING BEING SUBMITTED TO THE INSURANCE COMPANY TO PROVE IT WAS INSURABLE CASUALTY EVENT TO BE REPAIRED. I JUST WANT TO MAKE SURE THAT'S NOT OVER SHADOWED. I'M NOT TRYING TO TAKE EFFICIENCY AWAY FROM THE ADMINISTRATION, REALLY I WAS HOPING TO MAKE IT FASTER TO GET REPAIRS DONE WITHOUT HAVING TO COME TO COUNCIL FOR APPROPRIATION OR TAKING FROM SOMEBODY. I GUESS I DON'T KNOW WHAT THE ADVANTAGE IS TO THAT LANGUAGE VERSUS JUST IF CITY ENGINEER SUBMITS AN OPINION OF COST WITH INSURANCE CLAIM. THAT I BELIEVE IS ENOUGH TO TRIGGER. WE CURRENTLY HAVE A COMPETENT CITY ENGINEER AND -- >> SO SUBMITTED WITHIN 15 DAYS? >> IF THAT'S HAD >> WHAT DO YOU THINK ABOUT THAT? >> YOU MEAN 15 DAYS? >> THEY CAN SPEND THE MONEY SO LONG -- I DON'T KNOW HOW WE TRACK THAT BUT YEAH. >> OTHERWISE I'M NOT SURE HOW WE ADDRESS THE CONCERN THAT THE WAITING ADDRESSES. >> CAN I JUST CLARIFY. WE'RE REALLY NOT TALKING ABOUT EMERGENCY. YOU'RE JUST TRYING TO BE EFFICIENT THAT WE'RE NOT GOING TO WAIT AROUND FOR SOME INSURANCE CLAIM TO BE APPROVED OR NOT IN ORDER TO GET THE [00:55:01] BRIDGE FIXED. THAT'S WHAT WE'RE TRYING >> MY INTENT. >> OKAY. WELL, THAT'S WHAT WE, I MEAN SO TELL ME BENJAMIN, HOW DID THE BRIDGE, HOW DID THIS PROCESS WORK BEFORE AND WHAT THE LANGUAGE WE NEED TO PUT IN THERE TO SAY, WHETHER WE GET THE REIMBURSEMENT OR NOT, WE'RE GOING TO FIX THE BRIDGE AND SHOULD BE DONE WITH EFFICIENCY. WE STILL HAVE TO FIX THE BRIDGE. I DON'T GET THE LENGTH TO THIS. >> I AGREE. THAT'S WHY WE'RE IN SUCH A UNIQUE POSITION TO DO THIS. WE HAVE SEED MONEY THAT NO OTHER COMMUNITY WOULD HAVE. WE HAVE THIS SEED MONEY, IF WE HAVE SOMETHING AND IT DOESN'T GET REIMBURSED, WE HAD THIS MONEY. WE ARE VERY BLESSED WE HAVE THIS SEED MONEY WE CAN JUST KNOCK IT OUT. >> THEN IF I'M HEARING THE COMMITTEE AND DISCUSSION, THERE'S NO CHANGE BUT TO THE NAME. >> IF THERE'S ANY OTHER CONCERNS ABOUT ZACH'S LANGUAGE THAT HE PRESENTED, DOES SOMEBODY HAVE A MOTION TO AMEND? >> MOVE TO AMEND. >> WE HAVE A MOTION TO AMEND TO RENAME PUBLIC INSURANCE INFRASTRUCTURE RECOVERY FUND. DO WE HAVE A SECOND? >> SECOND. >> WELL, NOW WE'RE JUST -- WE ARE JUST SUGGESTING THIS TO THE COUNCIL CORRECT. OKAY. AND THIS IS SPECIFICALLY IN WHICH ORDINANCE? >> 2326? THE NAME 2824-26. BUT I THINK ALSO MR. CHAIRMAN, THE -- >> THE LANGUAGE NEEDS TO BE AMENDED. >> SO WE HAVE A MOTION TO AMEND THE ORDINANCE NAME. WE HAVE A SECOND. WE WILL VOTE ON THAT AMENDMENT. >> TO RECOMMEND THAT. IS MY MOTION. >> TO RECOMMEND THAT AMENDMENT. IS THERE ANOTHER AMENDMENT TO INCORPORATE ZACH'S LANGUAGE A MOTION TO AMEND WITH ZACH'S LANGUAGE? >> MOVE TO AMEND. >> SECOND. >> WE HAVE A MOTION TO AMEND THE ORDINANCE AS DISCUSSED WITH COUNCILOR SNYDER AND PRESENTED BY ZACH JACKSON. DO WE HAVE -- SECOND BY TONY. MOTION CARRIES. SO WE HAVE THE ORDINANCE, AND NOW WE NEED A MOTION TO RECOMMEND APPROVAL AS AMENDED TO THE FULL COUNCIL. >> MOVE TO APPROVE. >> >> BACK TO POSITIVE RECOMMENDATION. >> YEP. WE HAVE A MOTION BY SHANNON. >> JUST ONE CLARIFIER. >> WE ARE THEN GOING TO NOTICE THIS TO THE PUBLIC -- >> THE APPROPRIATION ORDINANCE IS GOING TO BE -- >> >> OKAY. THANK YOU. >> IS GOING TO BE RENOTICED. WE WILL HAVE THE FUND CREATED AND JUST PREPARED FOR FUNDS TO BE TRANSFERRED. WE HAD A SECOND BY COUNCILOR GREEN. A MOTION BY SHANNON. MOTION CARRIES. WE WILL SEND ORDINANCE AMENDED ORDINANCE D-2824-26 THAT ESTABLISHES THE NONREVERTING PUBLIC INFRASTRUCTURE INSURANCE RECOVERY FUND BACK TO THE COUNCIL AS AMENDED WITH POSITIVE RECOMMENDATION FROM FINANCE COMMITTEE. DO YOU WANT TO HAVE ANY FURTHER DISCUSSION ABOUT THE OTHER TWO FUNDS ZACH? >> WELL, JUST, THE THREE ITEMS ON THE AGENDA TONIGHT SO A WAS THE ORDINANCE THAT APPROPRIATED THE MONEY. I THINK WE SAID WE ARE GOING TO HOLD THAT UNTIL IT'S PUBLICLY NOTICED. WITH THE NEW NAME. B YOU JUST RECOMMENDED TO FULL COUNCIL. AND THEN C WAS THE RESOLUTION THAT TRANSFERRED $1,074,842 FROM THE GENERAL FUND INTO THE FUND THAT'S BEEN NAMED DIFFERENTLY. >> DO WE WANT TO DISCUSS WHETHER OR NOT -- SO, AS BENJAMIN ESTIMATED WE CAN MAKE THE TRANSFER -- >> YEAH THE TRANSFER HAPPENS FIRST. SO THE TRANSFER FROM THE GENERAL [01:00:01] FUND INTO THE NEWLY CREATED FUND, YOU WOULD JUST NEED TO AMEND THAT RESOLUTION FOR THE NEW NAME OF THE FUND. NO NOTICE REQUIRED FOR THAT BECAUSE IT'S NOT BEING APPROPRIATED TO BE SPENT. IT'S STILL REMAINS AT THAT HIGHER LEVEL TO BE NOT YET PUT INTO A BUDGET LINE ITEM. >> SO THE FIRST RESOLUTION ON CC-05-18-26-05 TO CHANGE THE NAME TO THE PUBLIC INFRASTRUCTURE RECOVERY FUND. >> SO MOVED. >> MOTION BY TONE SECONDED BY COUNCILOR WORRELL. DISCUSSION? SEEING NONE. MOTION CARRIES AND NOW THERE'S WHETHER WE WANT TO SEND IT BACK TO THE FULL COUNCIL WITH A POSITIVE RECOMMENDATION. IS THERE A MOTION? >> MOTION BY COUNCILOR GREEN. DO WE HAVE A SECOND? SECOND. >> SECOND BY COUNCILOR WORRELL. ALL RIGHT. MOTION CARRIES. ANY OTHER ITEMS? WE WOULD LIKE TO DISCUSS THIS EVENING? SEEING NONE, WE WILL * This transcript was compiled from uncorrected Closed Captioning.